Uttarakhand High Court
Officer Commanding vs Smt. Nandi Devi And Ors on 22 March, 2016
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal from Order No. 164/2009
Officer Commanding ........Appellant
Versus
Smt. Nandi Devi & Others ....Respondents/claimants
Mr. P.S. Rawat, Standing Counsel, for the appellant.
Mr. B.S. Adhikari, Advocate, for the respondents/claimants.
March 22, 2016
Hon'ble Servesh Kumar Gupta, J.
Having heard learned Counsel for the parties, it transpires that a youth Soban Singh, aged about 26 years, was under the employment of appellant herein and he was indulged in the construction work of a bridge on Tawaghat Gipti Public Way, which is situated near Dharchula, District Pithoragarh. As per the report dated 16.12.2002, lodged by an officer of the appellant, the deceased went for collecting the firewoods; somehow he fell down in the nearby river and his body was washed away in the strong current of water. The body could be recovered after a considerable time.
The contention of learned Counsel for the appellant is that the death did not occur during the course of employment because the date of accident was Sunday and the deceased was not engaged in the work.
The above contention is wholly untenable and rejected by the Court for the reason that looking to the nature of work, it is evident that in view of the national security, even Sundays or the other holidays do hardly matter while constructing the bridges and roads on the borders of the country. Even if it is accepted for a moment that the deceased Soban Singh was not working as the day was Sunday, then also this contention does not have any 2 force for the reason that availing the Sunday leave, he could not take the opportunity to go to some leisurely place or his parental house, because looking to the geographical terrain of the spot, the labour is required to live in the tin sheds which are provisionally raised and thus deemed to have been engaged 24 X 7 hours.
I think the compensation has rightly been awarded vide the impugned judgment.
This appeal has no force and it is hereby dismissed.
Amount deposited by the appellant before the Labour Compensation Commissioner shall be released in favour of the claimants as per their respective shares and without asking any surety or security. Compound annual interest @ 3 per cent shall also be paid on the said amount deposited by the appellant.
Let LCR, along with a copy of this judgment, be sent back to the Court below.
(Servesh Kumar Gupta, J.) Prabodh